MarkWest Pioneer, L.L.C.

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective

Original Sheet No. 93 Original Sheet No. 93

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

22.8.2. If Replacement Shipper fails to pay all or any part of the

Reservation Charge so credited within thirty (30) days of its due

date, then such unpaid amount plus interest will be charged to

Releasing Shipper’s next monthly bill and will be due and payable by

Releasing Shipper in accordance with this section.

 

23. RIGHT OF FIRST REFUSAL

 

23.1. If an FT Agreement at the maximum recourse rate for a term of twelve (12) or

more consecutive months of service contains no automatic extension

provision, Shipper shall be entitled to a ROFR to the renewal of its

Transportation Quantity in accordance with the procedures set forth in this

section. Prior to the termination of any FT Agreement and prior to

Transporter posting the availability of capacity under this section, if

applicable, Transporter and Shipper may mutually agree to modify or extend

such agreement, with respect to all or a portion of the underlying MDQ, on a

case-by-case basis and in a not unduly discriminatory manner.

 

23.2. Unless otherwise agreed to in Shipper’s FT Agreement, Shipper must provide

written notice to Transporter at least 180 days prior to the termination

date if the Shipper wants to exercise its ROFR.

 

23.3. Transporter shall post the capacity for bidding on its Website no later than

180 days prior to the expiration of Shipper’s FT Agreement. The capacity

will remain posted on the Website for a minimum of 20 days (“ROFR Bidding

Period”), with such posting containing the following information with

respect to the capacity:

 

a) Daily Transportation Quantity;

 

b) Receipt and Delivery Points;

 

c) Maximum reservation charge;

 

d) Any applicable restrictions; and

 

e) The last day of the ROFR Bidding Period.